HR Huddle - September 30, 2021

Overview

• The Office of Management and Budget (OMB) has approved the OFCCP Affirmative Action Plan (AAP) Verification Program.
• The EEOC will soon require contractors to use new EEO tabulation data from 2014-2018 in their AAPs.
• The OFCCP is rescinding its previously issued notice stating that it would not request, accept, or use EEO-1 Component 2 data. 
• The Department of Homeland Security has extended the Form I-9 verification flexibility.
• As part of President Biden’s COVID-19 Plan, an Executive Order (#14043) on COVID Safety Protocols for Federal Workers and Contractors was signed on September 9, 2021. 
• As a reminder, September 30^th is the deadline to file the VETS-4212 report.
• You are invited to join a national online dialogue on “Advancing Worker Equity at the U.S. Department of Labor.”

Details:

• The Office of Management and Budget (OMB) has approved the OFCCP Affirmative Action Plan (AAP) Verification Program.
  • The program will help to ensure that contractors have an AAP in place. It will consist of an online interface that will allow contractors to certify their compliance with AAP requirements. The AAP Verification interface is not currently live, but once it is available, contractors will have 90 days to certify their compliance. Two user-interface guides were released, one for administrative purposes and a second for contractors. We will inform you of further specific information when it becomes available.
• The EEOC will soon require contractors to use new EEO tabulation data from 2014-2018 in their AAPs.
  • The Tabulation Data has been released on a rolling basis, and now all data tables are available for use. Starting next year, all AAPs created on or after January 1, 2022 will be required to use this most recent data set. A Frequently Asked Questions page is available on OFCCP’s website.
• The OFCCP is rescinding its previously issued notice stating that it would not request, accept, or use EEO-1 Component 2 data. 
  • This does not mean there will be an immediate return to Component 2 Data collection, but it signals that may happen in the future. The OFCCP determined that it was premature to issue a notice stating OFCCP did not expect to find significant utility in the pay data collection since they have not fully analyzed this submitted data. You can read the full notice here.
• The Department of Homeland Security has extended the Form I-9 verification flexibility.
  • Effective September 1, 2021, employers can continue verifying I-9 forms remotely. This extension lasts through December 31, 2021. Keep in mind that once the flexibility is no longer in place, employers will still need to verify Form I-9s in person, including those who they verified remotely. You can read the full news release here. If you need assistance with I-9 compliance, our team can assist you with the process.
• As part of President Biden’s COVID-19 Plan, an Executive Order (#14043) on COVID Safety Protocols for Federal Workers and Contractors was signed on September 9, 2021.
  • Federal workers have been allowed to show proof of a negative test in lieu of receiving the vaccine, but that will no longer be an option for most. The Safer Federal Workforce Task Force issued guidance, definitions and protocols regarding this Executive Order on September 24, 2021. The guidance states that “covered contractor employees must be fully vaccinated no later than December 8, 2021. After that date, all covered contractor employees must be fully vaccinated by the first day of the period of performance on a newly awarded covered contract and by the first day of the period of performance on an exercised option or extended or renewed contract when the clause has been incorporated into the covered contract. If you have questions regarding this new policy, please reach out to our team today and we will be happy to assist you. Our team at Redstone GCI will stay on top of these developments. Be on the lookout for an upcoming blog with further details and information.
• As a reminder, September 30^th is the deadline to file the VETS-4212 report.
  • The requirement to file applies to all federal contractors and subcontractors with a government contract in excess of $150,000 at any point during 2020.
• You are invited to join a national online dialogue on, “Advancing Worker Equity at the U.S. Department of Labor.”
  • The Wage and Hour Division of the DOL is looking for ways to, “advance worker equity and help inform its policies and programs to foster greater employment and economic opportunities for people from historically underserved communities, including women, people of color, LGBTQ+ people, people with disabilities and others.” Submissions are open through October 1^st, but after that, you can take a look at others’ suggestions.